2013 COA 10
Colo. Ct. App.2013Background
- Driver/trucker fell on grease on store’s loading dock in Greeley, CO; injuries included spinal injury and urinary incontinence.
- Trial court reduced jury-damages of $15 million to $9,866,250 due to noneconomic cap; prejudgment interest and costs specified.
- Store moved for a new trial asserting prejudice from city memo evidence; trial court vacated judgment and granted new trial.
- Colorado Supreme Court later held the memo was public and not subject to disclosure rules, reversing the trial court’s new-trial order.
- In 2012, trial court entered judgment for Averyt, with prejudgment interest and post-judgment interest at 9% compound annually; store appealed.
- Issue on appeal: whether post-judgment interest should be 9% or market rate when judgment creditor appeals; statute interpretation central to outcome.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Post-judgment interest rate on appealed judgments | Averyt argues fixed 9% should apply when judgment creditor appeals. | Wal-Mart argues market rate applies when judgment debtor appeals; but here creditor appeals. | Statute applies to judgment debtors, not creditors; 9% applies. |
| Sufficiency of evidence for premises liability | Driver satisfied elements of premises liability under §13-21-115(8). | Store contends insufficient evidence. | Evidence viewed in driver’s favor supports verdict that store knew/should have known of grease and failed to exercise reasonable care. |
Key Cases Cited
- Lombard v. Colo. Outdoor Educ. Ctr., Inc., 187 P.3d 565 (Colo.2008) (premises liability standard: knowledge of danger and failure to exercise reasonable care)
- Rodriguez v. Schutt, 914 P.2d 921 (Colo.1996) (two classes for post-judgment interest; equal protection concerns; nine percent for non-appealing debtors; market rate for appealing debtors)
- Sperry v. Field, 205 P.3d 365 (Colo.2009) (statutory interpretation guidance; expressio unius excludes others)
- Indian Mountain Metro. Recreation & Park Dist. v. J.P. Campbell & Assocs., 921 P.2d 65 (Colo.App.1996) (section 5-12-106 post-judgment interest limited to prescribed appeals by debtors)
- Castillo v. Koppes-Conway, 148 P.3d 289 (Colo.App.2006) (frivolous-appeal standards and potential attorney-fee awards)